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Cons dismissal help please

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1 Cons dismissal help please on Wed Oct 12, 2016 7:20 am

Buloy101


Arresto Menor
It all started with a group chat where we rant about how our boss and the person next to him manage our department. We really have no intentions of letting him know or confront him. Kwentuhan lang kumbaga.
Now the person next to him found out that this chat group exist and made a big issue out of it. They even involved the administration office and recommended us for grave misconduct and dishonesty. I think di sila pinansin ng HR dahil wala naman sila maifile na case. Ngayon po ang nangyari napagdesisyunan nlng daw po ng mga surgeons (we work in a hospital setting) na wag nlang kami bgyan ng workload, para sguro matanggal nya kami through SPMS. Ang reason daw po ay dahil sa loss of trust and confidence. Mag 2 months na po ganito na pumapasok lang ako sa work pero walang ginagawa. Minsan kung meron man nag aassist lang pero hndi sa akin nakapangalan ang workload. Paano po kaya ito?

Btw we are 11 in the chat group only 2 of us is being sued. And the other 1 has already resigned. Thank you !

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2 Re: Cons dismissal help please on Wed Oct 12, 2016 7:30 am

council


Reclusion Perpetua
Was this group chat done in the hospital premises during office hours?

At any rate you could file a case for constructive dismissal - but that may take time and you might have less work there while that goes on.

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3 Re: Cons dismissal help please on Wed Oct 12, 2016 7:55 am

Buloy101


Arresto Menor
The group chat is only active outside working premises. Is their reason of loss of trust and confidence enough to give me less workload?

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4 Re: Cons dismissal help please on Wed Oct 12, 2016 8:00 am

payoneer


Arresto Menor
I agree with Sir Council. However, before you can file a case for constructive dismissal, you would have to resign first. So that is something to think about.

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5 Re: Cons dismissal help please on Wed Oct 12, 2016 8:13 am

Buloy101


Arresto Menor
I see. Thank you for the help. That really is something to think about if i have to resign first.

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6 Re: Cons dismissal help please on Wed Oct 12, 2016 11:41 am

HrDude


Reclusion Perpetua
payoneer wrote:I agree with Sir Council. However, before you can file a case for constructive dismissal, you would have to resign first. So that is something to think about.

Actually, resignation is NOT a prerequisite requirement in filing a complaint for 'Constructive Dismissal".



Last edited by HrDude on Sun Oct 16, 2016 12:25 am; edited 1 time in total

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7 Constructive Dismissal Questions on Sat Oct 15, 2016 12:56 am

BoinkyDad


Arresto Menor
I resigned four (4) days ago from my employer because of systematic campaign of bullying and harrasment for three (3) that I've worked in the Company (joined sometime July as a manager) apart from significant changes and non-fulfillment of the terms and conditions of my employment contract.

Filed in NLRC, SEnA, next week.
Questions are:

1. What will happen in the SEnA?
2. What if they admit in SEnA that they really did what they did to me, that is, constructively dismiss me thru harrassment and bullying? And also admit that they had a lapse in the fulfillment of the terms and conditions of my employment contract? (i.e. non-fulfillment of other benefits such as Company car)
3. What can I do? What are the steps that I need to do? (Apart from contracting the services of a lawyer which I've already done)

Thanks.



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8 Re: Cons dismissal help please on Sat Oct 15, 2016 1:47 am

lukekyle


Reclusion Perpetua
if you already have availed the services of a lawyer would it be better to ask him these questions? at the very least he would be privy to the details of uyour situation which the rest of us are not

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9 Re: Cons dismissal help please on Sat Oct 22, 2016 8:15 pm

Buloy101


Arresto Menor
Hello tanong ko lang sana ung sa SPMS. Should I sign it if he wants to rate me on number of cases I handle? Pero di naman niya ako binibigyan ng case due to lack of trust and confidence nga raw ng surgeon?

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10 Re: Cons dismissal help please on Sun Oct 23, 2016 1:49 am

lukekyle


Reclusion Perpetua
whether you sign it or not, its the same. just make sure ang ni sign mo ay received not "agreed". if walang nakalagay, sulatan mo ng "noted"

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11 Re: Cons dismissal help please on Sun Oct 23, 2016 2:50 pm

Buloy101


Arresto Menor
Meron ba silang mafile na case against me na pwede maging dahilan para ikatanggal ko? Categorized ba syang grave misconduct thiugh di sya related sa work?

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12 Re: Cons dismissal help please on Thu Nov 03, 2016 1:46 pm

assassins


Arresto Menor
Hi All,

I’ve been working with this company for 5yrs and 4mos now. Recently, they have been trying to laterally redeploy me into a supervisory position for the same amount of compensation. Several of my colleagues were already managed out into different projects except for me.

I have expressed intent to be redundiated as an option as I do not have the skill-set in handling people for which I am being redeployed. Also, the site assignment is in Eastwood, currently I’m in Mandaluyong and I live from the south. To make matters worse, there is no increase in pay although there is a lot of increase in workload. I have nothing against redeployment as long as there is an adjustment with my compensation.

We have a scheduled SENA hearing in NLRC later this month but I have already been redeployed by that time. If I refuse the offer to be redeployed, I would be terminated. If I resign, I will not get the severance package entitled for redundiated employees.

My question is:
1. What’s my best option at this point?
2. Would I have a solid case if this goes to court?

Really appreciate your thoughts on this. Thank you.

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13 Re: Cons dismissal help please on Thu Nov 03, 2016 2:35 pm

council


Reclusion Perpetua
assassins wrote:Hi All,

I’ve been working with this company for 5yrs and 4mos now. Recently, they have been trying to laterally redeploy me into a supervisory position for the same amount of compensation. Several of my colleagues were already managed out into different projects except for me.

I have expressed intent to be redundiated as an option as I do not have the skill-set in handling people for which I am being redeployed. Also, the site assignment is in Eastwood, currently I’m in Mandaluyong and I live from the south. To make matters worse, there is no increase in pay although there is a lot of increase in workload. I have nothing against redeployment as long as there is an adjustment with my compensation.

We have a scheduled SENA hearing in NLRC later this month but I have already been redeployed by that time. If I refuse the offer to be redeployed, I would be terminated. If I resign, I will not get the severance package entitled for redundiated employees.

My question is:
1. What’s my best option at this point?
2. Would I have a solid case if this goes to court?

Really appreciate your thoughts on this. Thank you.

1. Your best option is to accept the workload and keep working. The company thinks you can do the job, thus the movement.
2. No.

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14 Re: Cons dismissal help please on Fri Nov 04, 2016 5:35 am

assassins


Arresto Menor
council wrote:
1. Your best option is to accept the workload and keep working. The company thinks you can do the job, thus the movement.
2. No.

Thanks for the response. Personally, I know can do the job as long as the compensation is just. A few follow up question on this.

1. Can this be grounds for malpractice?
2. If the work conditions are no longer favorable that will cause me to resign, can that be grounds for constructive dismissal?
3. I'm after for the severance pay that's why I haven't resigned yet.

Thank you.

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15 Re: Cons dismissal help please on Fri Nov 04, 2016 6:21 am

HrDude


Reclusion Perpetua
1. Can this be grounds for malpractice?

MALPRACTICE is applicable only in certain professions. Absence of bad faith, deployment is a valid MANAGEMENT PREROGATIVE.

2. If the work conditions are no longer favorable that will cause me to resign, can that be grounds for constructive dismissal?

NO, this is the misconception of most employees. If certain conditions are not favorable to employees, they think the same is constructive dismissal. If you cannot handle the job, you can resign.

Malice and bad faith MUST exist and must be proven by evidence. If you think this is constructive dismissal, prove it.

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16 Re: Cons dismissal help please on Fri Nov 04, 2016 12:30 pm

assassins


Arresto Menor
HrDude wrote:1. Can this be grounds for malpractice?

MALPRACTICE is applicable only in certain professions. Absence of bad faith, deployment is a valid MANAGEMENT PREROGATIVE.

2. If the work conditions are no longer favorable that will cause me to resign, can that be grounds for constructive dismissal?

NO, this is the misconception of most employees. If certain conditions are not favorable to  employees, they think the same is constructive dismissal. If you cannot handle the job, you can resign.

Malice and bad faith MUST exist and must be proven by evidence. If you think this is constructive dismissal, prove it.


I see, how about additional compensation since the new role entails more responsibilities for the same pay?

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17 Re: Cons dismissal help please on Fri Nov 04, 2016 1:47 pm

council


Reclusion Perpetua
assassins wrote:
HrDude wrote:1. Can this be grounds for malpractice?

MALPRACTICE is applicable only in certain professions. Absence of bad faith, deployment is a valid MANAGEMENT PREROGATIVE.

2. If the work conditions are no longer favorable that will cause me to resign, can that be grounds for constructive dismissal?

NO, this is the misconception of most employees. If certain conditions are not favorable to  employees, they think the same is constructive dismissal. If you cannot handle the job, you can resign.

Malice and bad faith MUST exist and must be proven by evidence. If you think this is constructive dismissal, prove it.


I see, how about additional compensation since the new role entails more responsibilities for the same pay?

Talk to management and discuss the situation.

There is no law that requires them to give you higher compensation because you are transferred to a new role with more responsibilities.

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18 Re: Cons dismissal help please Today at 2:34 am

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